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★ New Hampshire · back & spine

Back & spine settlements
in New Hampshire.

By 9 min read

A food demonstrator slipped on a wet floor at a Raymond supermarket in 2003, hurt her lumbar spine and later had surgery. The comp board found she could do some work, and the trial court barred her from arguing otherwise in her suit against the store. The Supreme Court reversed in 2010. A heavy equipment mechanic’s lumbar strain led to a benefits cut the court upheld.

Facts that decide a back & spine claim in New Hampshire

Comp findings in a tort suitA comp board finding about earning capacity did not bar the worker’s disability evidence in her separate suit against the store.Tyler v. Hannaford Bros. (N.H. 2010)
Cutting comp benefitsThe carrier “bears the burden of proof to demonstrate that such a reduction or termination is warranted by a change in condition.”RSA 281-A:48, I, quoted in Appeal of Malo (N.H. 2017)
Deadline to sueThree years for most personal injury claims; if the person at fault dies first, a suit against the estate can be brought within three years of the death.RSA 508:4, 556:11; Anderson v. Estate of Wood (N.H. 2018)
★ band · US federal frame
$80,000 to $400,000+
Back injury (severe, surgery)
Reported decisions; statutory cap states constrain the upper end

The US band is the starting point. New Hampshire's fault rule and any applicable cap then adjust the figure.

united states · sister site
Your back & spine claim in New Hampshire. See the number for your own case.

The range above is a starting point. FairSettlement gives you a free estimate for your own back & spine case in about two minutes, no cost and no obligation.

Check my case
★ NH · reported back & spine outcomes

What New Hampshire courts have awarded.

Real New Hampshire decisions and verdicts, each linked to the court record or official report.

  • Tyler v. Hannaford Bros.
    New Hampshire Supreme Court · 2010
    Order reversed; claim for lost earning capacity restored

    In June 2003 Priscilla Tyler, working as a product demonstrator, slipped on a wet floor at Hannaford in Raymond and hurt her back; she had back surgery in 2005. She received comp and sued Hannaford. When the carrier moved to cut benefits, the board found she was no longer totally disabled but had diminished earning capacity. The trial court barred her disability evidence; the Supreme Court reversed.

  • Appeal of Malo
    New Hampshire Supreme Court · 2017
    Benefit reduction affirmed

    In February 2014 Jason Malo, a heavy equipment mechanic, hurt his back working on an excavator with a large wrench and a torch. He was diagnosed with a lumbar strain and an MRI showed a disc protrusion at L3-L4 pressing on the L4 nerve root. He received temporary total disability. After a work release, the board found a change in his condition that affected his earning capacity, and the court affirmed.

★ NH · back & spine · in practice

What changes the number here.

What actually moves a back & spine settlement in New Hampshire.

  1. 1

    A slip at someone else’s store while working can support both comp and a suit against the store, as in Tyler.

  2. 2

    Expect the carrier to seek a reduction once a doctor releases you to work; it must prove a change in condition.

  3. 3

    Keep MRI results and work restrictions in the record; Malo’s case turned on them.

★ NH · statute of limitations
3 years from date of injury

N.H. Rev. Stat. § 508:4

★ NH · fault rule
Modified comparative, 51% bar

Modified comparative, recovery barred at 51% claimant fault.

★ back & spine severity tiers · US frame

How the band stratifies.

The state-by-state tort law · jury verdict reporters · statutory caps stratifies back & spine into the tiers below. New Hampshire courts apply the same tier structure, adjusted for state-specific factors.

Severity tierBandBasis
Back injury (moderate, no surgery)$30,000 to $100,000Reported decisions plus settlement aggregates
Back injury (severe, surgery)$80,000 to $400,000+Reported decisions; statutory cap states constrain the upper end
★ back & spine · same region & fault regime

Compare to like jurisdictions.

How New Hampshire's fault rule and limitation period compare to jurisdictions in the same US region and to those running the same fault rule for back & spine claims.

JurisdictionFault ruleLimitationBack & spine page
New Hampshire · you are hereModified comparative, 51% bar3 years from date of injury—
New JerseyModified comparative, 51% bar2 years from date of injuryNJ · back & spine →
New YorkPure comparative negligence3 years for personal injury; 2 years 6 months for medical malpracticeNY · back & spine →
PennsylvaniaModified comparative, 51% bar2 years from date of injuryPA · back & spine →
Rhode IslandPure comparative negligence3 years from date of injuryRI · back & spine →
VermontModified comparative, 51% bar3 years from date of injuryVT · back & spine →
ConnecticutModified comparative, 51% bar2 years from date of injuryCT · back & spine →
OhioModified comparative, 51% bar2 years from date of injuryOH · back & spine →
OklahomaModified comparative, 51% bar2 years from date of injuryOK · back & spine →
OregonModified comparative, 51% bar2 years from date of injuryOR · back & spine →
South CarolinaModified comparative, 51% bar3 years from date of injurySC · back & spine →
New MexicoPure comparative negligence3 years from date of injuryNM · back & spine →
North CarolinaPure contributory negligence3 years from date of injuryNC · back & spine →
★ NH · back & spine · frequently asked

Common questions.

Each answer is independently coherent and references the relevant statute or authority document.

Sources

Checked 2026-09-29. Every figure on this page comes from one of these documents.

★ all of NH
New Hampshire overview

Fault rule, statute, caps, and key facts for New Hampshire as a whole.

★ federal frame
Back & spine in United States

Back & spine band structure and severity tiers at the US level.

★ all 15 countries
Back & spine · everywhere

Cross-jurisdiction comparison of back & spine bands.

★ editorial note

Figures on this page are starting points: the US band adjusted for New Hampshire's statutory framework. They are not quotes for any specific case. For representation, consult an attorney admitted in New Hampshire. See /methodology, /sources, and /disclaimer.